Southern Pants Co. v. Smith

Supreme Court of North Carolina

Southern Pants Co. v. Smith

34 S.E. 552, 125 N.C. 588, 1899 N.C. LEXIS 266

CourtSupreme Court of North Carolina

DecidedDecember 22, 1899

StatusPublished

Cited by15 cases

This text of 34 S.E. 552 (Southern Pants Co. v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Pants Co. v. Smith, 34 S.E. 552, 125 N.C. 588, 1899 N.C. LEXIS 266 (N.C. 1899).

Pincite

Opinion

*589 EaiRCloth, C. J.

On May 16, 1898, the plaintiff obtained a judgment against defendants in a court of Justice of the Peace. The defendant Smith gave notice of an appeal. The case on appeal was not sent up, nor docketed at the next term of the Superior Oourt, held on November 21, 1898, nor did the appellant take any steps at said term to have his case docketed. In April, 1899, the defendant applied to the Judge holding the courts in the distirict for a writ of record-ari and supersedeas. The order was granted, and on May 28, 1899, the Justice of the Peace made his return of proceedings had before him. No notice of appeal was then served on the appellee. The case was docketed, and was tried on the issue, “Is defendant indebted to plaintiff, and if so, in what sum?” The jury answered “No,” and judgment was entered against the plaintiff for costs, and the plaintiff appealed.

When the case was called for trial, the plaintiff’s counsel made several motions to dismiss the appeal. One motion was based on the failure of the appellant to docket his appeal at the next succeeding term of the Superior Court, without showing any legal excuse for his laches.

It is to be inferred from the verdict of the jury that the defendant had a good defense, and it is unfortunate that he loses his judgment by his own laches.

We are compelled to hold that the plaintiff’s motion to dismiss the appeal should have been allowed. The law requires that an appeal from a Justice’s Court must be docketed for trial at the next succeeding term of the Superior Oourt, when moro than ten days after judgment rendered, and notice and bond given, as expressly declared by our Code of Procedure. These Code provisions are reasonable, in order to- prevent delay and put an end to litigation in a reasonable time. Every phase of these Code requirements is fully presented in *590 the cases cited below, and repetition is unnecessary. State v. Johnson, 109 N. C., 852; Ballard v. Gay, 108 N. C., 544; Davenport v. Grissom, 113 N. C., 38.

There was error. Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

*589 EaiRCloth, C. J.

On May 16, 1898, the plaintiff obtained a judgment against defendants in a court of Justice of the Peace. The defendant Smith gave notice of an appeal. The case on appeal was not sent up, nor docketed at the next term of the Superior Oourt, held on November 21, 1898, nor did the appellant take any steps at said term to have his case docketed. In April, 1899, the defendant applied to the Judge holding the courts in the distirict for a writ of record-ari and supersedeas. The order was granted, and on May 28, 1899, the Justice of the Peace made his return of proceedings had before him. No notice of appeal was then served on the appellee. The case was docketed, and was tried on the issue, “Is defendant indebted to plaintiff, and if so, in what sum?” The jury answered “No,” and judgment was entered against the plaintiff for costs, and the plaintiff appealed.

When the case was called for trial, the plaintiff’s counsel made several motions to dismiss the appeal. One motion was based on the failure of the appellant to docket his appeal at the next succeeding term of the Superior Court, without showing any legal excuse for his laches.

It is to be inferred from the verdict of the jury that the defendant had a good defense, and it is unfortunate that he loses his judgment by his own laches.

We are compelled to hold that the plaintiff’s motion to dismiss the appeal should have been allowed. The law requires that an appeal from a Justice’s Court must be docketed for trial at the next succeeding term of the Superior Oourt, when moro than ten days after judgment rendered, and notice and bond given, as expressly declared by our Code of Procedure. These Code provisions are reasonable, in order to- prevent delay and put an end to litigation in a reasonable time. Every phase of these Code requirements is fully presented in *590 the cases cited below, and repetition is unnecessary. State v. Johnson, 109 N. C., 852; Ballard v. Gay, 108 N. C., 544; Davenport v. Grissom, 113 N. C., 38.

There was error. Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

34 S.E. 552, 125 N.C. 588, 1899 N.C. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-pants-co-v-smith-nc-1899.

Opinion

Related

Cite This Page — Counsel Stack